저소득층의 주거권 보장을 위한 공동체토지신탁(Community Land Trust)제도 연구-법적 쟁점을 중심으로-

저소득층 주거권 보장을 위한 공동체 토지신탁의 법적 쟁점을 연구했다.

It is clearly stated in Korean (Republic of Korea) Constitution and the laws that people have the right of residence. However, the right of residence is not protected properly as guaranteed in the law because of the reality of Korean housing market. The truth is that the housing is not affordable for most Korean households. The price of a house is nearly half of the total earnings of one for the entire economic activity period. Hence, many people give up on the dream of owning-a-house, or jeopardize themselves to become “house poors”. “House poors” is a terminology for indicating people who own a house with a loan but who are not capable to reimburse the mortgage.

To resolve this problem, Korean government have involved with some policies such as public rental housing and government subsidies. However, these policies in general are considered to have little effect. Therefore, this study aims to analyze the Community Land Trust (CLT) as an alternative solution which could be fundamentally effective to current Korean housing market. First, this study introduces CLT with examples of the US and the UK. Later, this study schemes the potential legal issues while launching and operating CLT in Korea.

To be specific, it investigates the legal properties of CLT and evaluates if CLT is against the fundamentals of the private property system and the right to equality.